Pelham Union Free School District District Special Education Plan December 2012

Transcription

1 Pelham Union Free School District District Special Education Plan December 2012 Adopted on: Dec. 17,

2 Table of Contents District Vision and Introduction pg.. 3 Program Overview pg.. 4 Guiding Principals pg.. 5 Description of the Nature and Scope of District Special Education Programs pg.. 6 BOCES Programs pg 11 Estimated Special Education pg 12 Program Budget Methods Used to Evaluate Special Education Program pg 13 Appendix A: Relevant Board Of Education pg 14 Policies Appendix B: Contact Information pg 53 Appendix C: Associated Reports pg 54 2

3 District Vision The Pelham school community, comprising The Board of Education, administrators, teachers, school staff, parents, students and community members, has high expectations and standards for all students. The Pelham school community challenges and inspires its students to become creative and critical thinkers who make ethical choices, to work both independently and collaboratively to solve problems, to become life-long learners and responsible citizens in a democratic society, and to be prepared for the demands of a highly technological and global community. The Pelham school community challenges and inspires its students to become creative and critical thinkers who make ethical choices, to work both independently and collaboratively to solve problems, to become life-long learners and responsible citizens in a democratic society, and to be prepared for the demands of a highly technological and global community. The Pelham school community celebrates diversity, fosters a sense of belonging for all children and emphasizes the importance of contributing to the greater community. The Board of Education, administrators, teachers, school staff, parents, students and community members all share the responsibility for public education in Pelham. The Pelham school community is dedicated to continuous improvement and is committed to maintaining the flexibility necessary to anticipate and respond to a changing world. Introduction The Pelham Union Free School District is committed to educating students with disabilities within its own schools, whenever appropriate. The Committee on Special Education and the Committee on Preschool Special Education shall recommend programs and/or services which provide for a free and appropriate public education (FAPE) based on the individual learning needs of the student. All school aged students with disabilities shall be provided the opportunity to participate in the curricular and extracurricular programs of the district. 3

4 Overview The Commissioner s regulations Part c of the Regulations of the New York State Commissioner of Education require that each school district Board of Education shall prepare biennial special education plans. Each plan shall include, but not be limited to, the following: A description of the nature and scope of special education programs and services currently available to students and preschool students residing in the district: Identification of the number and age span of school aged students and preschool students to be served by type of disability and recommended setting; Methods to be used to evaluate the extent to which the objectives of the program have been achieved; The policies and practices of the Board of Education to the continual allocation of appropriate space within the district for special education programs that meet the needs of students with disabilities The policies and practices of the Board of Education to ensure that appropriate space will be continually available to meet the needs of resident students in BOCES special education programs. The estimated budget to support such a plan. The date on which such plan was adopted by the Board of Education. Guiding Principles 4

5 The District will provide pre-referral strategies and supports, including modification and alternative instructional approaches for all students in order to address the student s needs prior to referral to the Committee on Special Education (CSE). Pupil Personnel staff will provide strategies and interventions to support students in the general education learning environment through collaboration, staff development, and consultation. The District will provide special education services that meet the individual needs of the child, are developmentally appropriate, and strength based. Services are planned in collaboration with all child serving systems involved with the child. The child s family is the primary support system for the child and participates in all stages of the decision making and planning process. Student data will be used to inform and improve instruction. Related services provided to special education students will be educationally relevant, evidence-based, and will support the student s learning while provided in a manner least disruptive to the student s overall progress in his program Administrators, general education teachers, special education teachers, related service providers, and paraprofessional staff are supported in developing the knowledge, skills, and attitudes to design learning environments and instruction to meet the needs of diverse learners, including students with disabilities. The District will encourage involvement and support for parents of students with disabilities. The District will facilitate the transition from high school to post secondary education programs or to employment. The District will continue to assess the efficacy of our district special education program in meeting the needs of the students. The District will assess and implement innovative options for serving student with disabilities, which reflect current research on effective practices Description of the Nature and Scope of District Special Education Programs and Services 5

6 Overview The Pelham Public School District is committed to providing special education and related services to students with disabilities through a continuum of service delivery models that offer these services in the least restrictive environment and in an integrated setting with non-disabled peers. Our district programs stress access to the general education curriculum, improvement in student academic performance, and meeting the individual academic and affective needs of students. Through a strong collaborative relationship among professional staff, administrators, parents, and students, we strive to achieve our goals and provide a wellcoordinated learning experience for our students with disabilities. In District Programs The school system maintains a core staff in each building to address student needs. Called Pupil Personnel Services, this support includes areas such as health, speech, special education, guidance and psychological services. The Pelham Schools offer comprehensive special education programs for students who require alternative instructional support, based upon a disability identified by the Committee on Special Education. Our schools offer a continuum of programs including: Resource Room, Consultant Teacher, Special classes, and Inclusion classes. Related Services Related services currently provided within the district include speech and language therapy, psychological services, occupational therapy, and physical therapy. Additional related services could include Teacher of the Deaf/Hard of Hearing or Teacher of the Visually Impaired. These services are provided to students with disabilities in conjunction with their special education and/or general education programs. The related service professionals address knowledge and skills, which are not typically included in subject area curriculum. The goal of the district is to provide these services through district personnel, whenever practical. Consultant Teacher Services Consultant teachers provide direct and indirect services to students with disabilities who participate in full-time general education programs. Direct consultant teacher services are provided to students in a general education classroom. A special education teacher provides indirect consultant teacher services to general education teachers to assist them in making environmental and/or instructional modifications for students with disabilities in order for these students to be successful learners. They serve as a specialized, highly skilled resource to the general education teacher. Resource Room Services A resource room program provides specialized supplementary instruction in a small group setting of up to five students who have similar academic, social, physical, and management needs. The resource room teacher addresses specific academic and organizational difficulties experienced by the students and offers support for students in their general education classes as well as supplemental instruction. 6

7 Resource Room/ Consultant Teacher Services Beginning with the school year, the state has allowed districts to offer a combination Resource Room/ Consultant Teacher program to students. The service is ideal for students who do not require the full three-hour per week of pullout service in a Resource Room, but could instead benefit from direct instruction and special teacher support. The program is offered as a combination Resource/ Consultant model for a total of 3 hours in a 6-day cycle. Integrated Co-Teaching Districts use the terminology integrated co-teaching, consistent with the regulatory requirements, so that the level of services provided to a student is clear and consistent among school districts. Integrated co-taught classes are programs in which the special education teacher co-teaches with the general education or content area teacher in the general education classroom. The special education teacher offers more intensive support than in the consultant teacher model, including developing modified materials, instructional techniques and behavioral strategies. In several classes at the high school and at the middle school levels, co-taught classes are available and have been particularly effective for students who in the past may have been taught in a separate special class setting. A combination of special class and integrated co-taught classes are available in select elementary schools, which are offered strictly on facility space availability. The integrated co-teaching model is proving to be effective for many students each year, including students enrolled in Regents level courses in grades 8 through 12. Special Class Services A special class provides primary instruction in one or more academic areas. The maximum class size for a special class program ranges from six to fifteen students. In the Pelham Schools, the majority of special classes have an enrollment of up to twelve students. Special classes are typically staffed by one teacher and at least one teaching assistant. Students are grouped together for special class instruction based on the similarity of their needs. Grouping by needs is based on present levels of academic achievement and learning rate, levels of physical and social development, and the management needs of students in the classroom. Students are mainstreamed in specials and, when appropriate, specific academic classes at the elementary level. At the middle school level, special classes are offered in several of the core academic areas based on student need. Students are mainstreamed for specials/electives and various academic courses. Special class offerings have expanded in the middle and high school in recent years, to allow increased numbers of Pelham students to be educated within the district. Supplemental Services It is important to note that there are times that students need reteaching of class material, support to remain on task, or organizational assistance for short and long term class assignments. Such students may not require an integrated co- taught class in which a certified special education teacher must be in attendance. Teacher assistants and school monitors are employed to meet these specific student needs at various times during the school day. These staff members may assist in delivering testing and program accommodations for one or more class periods. Elementary Autistic Class (ACE) 7

8 Districts in Westchester County have seen a surge in the identification of students with autism and autism-related disorders. Students formally placed in our elementary classes, and out of district placements, have been identified with qualitative impairments in social interaction. These students require a class with a smaller teacher to student ratio, with specific prescribed methodologies. While no two persons who have autism will behave in quite the same way, we believe this group formed the critical mass needed to warrant operating our own K-2 Autistic Class beginning with the school year. A K-2 class and a grade 3-5 class were implemented for the school year. Both classes continued for the school year. Population trends dictated expanding the scope of the K-2 class for to include students with multiple disabilities; a trend that will continue for the class. Therapeutic Support Program (TSP) Each year students are identified in Pelham at the Middle and High School level who need a more structured, organized form of instruction, with supervised mainstreaming to support their emotional needs. The TSP (Therapeutic Support Program) in the high school was opened in September 2006 to allow Pelham students to remain in the PMHS. These students have been successful in Pelham High School, with the support of additional psychological services, highly trained staff and supportive administration. Students have graduated and are currently attending college programs, as a result of the TSP initiative. The high school program will continue for the school year. Similar needs had become evident in the Pelham Middle School, resulting in the implementation of a TSP program for middle school students for the and school year. The Middle School TSP program in has been modified to meet the needs of the current student body. Foundations of Learning The Foundations of Learning is a specialized program which had been historically offered in the Prospect Hill School and Pelham Middle School in past years. It was fully implemented in the Pelham Memorial High School for the school year. Students are accepted into the program based on educational needs, yet not a specific classification. Students work toward alternative learning standards based upon the NYS Curriculum and their own individual differences. Students are typically struggling with basic academic or communication skills and may exhibit mild behavioral demands. Implementation of Response to Intervention Programs An important educational strategy to close achievement gaps for all students, by preventing smaller learning problems from becoming insurmountable gaps is called Response to Intervention (RtI). The district is engaged in the implementation of response to intervention (RtI) programs in its schools. RtI is a multi-tiered, problem solving approach that identifies general education students struggling in academic and behavioral areas early and provides them with systematically applied strategies and targeted instruction at varying levels of intervention. The district will continue to take appropriate steps through district leadership, staff development efforts, collaboration and course work to ensure that staff has the knowledge and skills necessary to implement an 8

9 RtI program consistent with the specific structure and necessary components of the model. An RtI Leadership Team has been actively working with school principals and staff members throughout the , and school year. Full implementation of RtI for grades K-5 was implemented on July 1, Committee on Preschool Special Education (CPSE) The District is interested in locating local preschool children who may require planning for special education services. If a parent or guardian suspects his or her child has a disability or delay, they should contact the office of their neighborhood elementary school to register the child. Once registered, the parent may send a letter to the Office of Pupil Personnel Services, 18 Franklin Place, Pelham, NY to request that the child is evaluated by the Committee on Preschool Special Education. The Chairperson of this committee is Lauren Ribeiro. She may be reached at , ext 1152 for further information. Committee on Special Education (CSE) When a student is suspected of having a disability, a referral is made to the Committee on Special Education (CSE). A referral may be made by a parent or guardian, a teacher, physician, judicial officer or designee of a public agency with responsibility for the welfare, health, or education of the child, or by the student who is 18 years or older. The student is evaluated by a multidisciplinary team to determine eligibility as a student with a disability. Parents are members of the Committee that makes recommendations regarding their child. Referrals can be made in writing to the Office of Pupil Personnel Services, 18 Franklin Place, Pelham, NY For further information contact Rosemary Matthews, Director of Special Education or Lauren Ribeiro, CPSE/CSE Chairperson at , ext. 3. Psychology Services School psychologists assist the educational staff in evaluating student learning and related problems. The psychologists work with students and parents and refer them to appropriate counseling agencies as needed. Speech and Language Services The Pelham Schools offer speech and language services to students who have significant receptive or expressive language delays. Therapists assist in the identification and instruction of children requiring these services. School Counseling Services The counseling programs for middle and high school students are proactive. Small group outreach programs target both social and academic concerns. Post secondary goals also are a major focus for PMHS counselors. Counselors work with families, administration, outside agencies, the District Special Education Office and Section 504 Committee to ensure that students needs are met. Students and parents may contact counselors at any time by making an appointment with the Counseling Office. Response to Intervention Teams 9

10 Individuals participating in an instructional decision-making team have a broad understanding of interventions and are highly skilled in data analysis, problem solving and decision making in support of improving instructional programs for students. The Response to Intervention Team is a collaborative building-based team which may include the principal, school psychologist, a regular education teacher, a special education teacher, speech and language therapist, reading teacher and other support staff. Using a problem solving approach, the team will create effective intervention plans for students who are not meeting learning standards and/or are exhibiting learning or behavioral differences. If the proposed interventions do not work, the child may then be referred for testing and special education services. Parents and family members are an essential part of an effective RtI model. The Response to Intervention (RtI) process and team can be used as part of the process to determining a learning disability; however, the process does not preclude parents from referring their child to the Committee on Special Education (CSE) at any point. Special Public and Private Day or Residential Schools The majority of students with disabilities are educated in Pelham special education programs; however, students with more intensive specialized needs may require a different educational setting. Pelham utilizes the Board of Cooperative Educational Services (BOCES) special education programs as well as other public school districts special education programs. A small number of children are also educated in private day or residential schools. BOCES Programs Project AIIM Applied Intensive Intervention Model Project AIIM (8:1:2) provides a highly structured, district-based or site based program designed primarily for students with autistic spectrum disorders. Structured teaching and behavioral interventions are used in school and home settings. Related services include speech, both individual and group, and a parent trainer, as needed. Consultant speech therapist, psychologists and psychiatrists are provided at all levels Gifted Special Education 10

11 District-based classes are designed to meet the academic and emotional needs of students who are cognitively gifted, as well as learning disabled or mildly to moderately emotionally disabled. This is a mainstream educational program providing support to students to maximize their ability to earn a Regents Diploma. Communication Development This comprehensive program concentrates on the acquisition and development of language, communication, social and academic skills, using a multi-disciplinary approach. Related services include speech and consultant psychologist. Multiply Disabled Students A comprehensive educational team existing within a highly structured environment addresses the communication, sensory-motor needs and social skills of student with multiple disabilities. Student-Teacher ratio is 12:1:4. Therapeutic Support These programs are offered at elementary, middle school and high school levels. These 8:1:1 programs enable students with a range of academic abilities and severe emotional/behavioral challenges to develop the necessary skills to function successfully in home, school and community environments. Programs are offered in district-based, community-based and center-based settings. Estimated Budget Used to Support Special Education Services 11

12 Methods Used to Evaluate Program Objectives The methods to be used to evaluate the extent to which the objectives of the district programs and services for the disabled have been achieved include: a. Utilization of the Annual Review process to establish that individual goals and objectives are met. b. Review of Annual Review testing to evaluate growth over time for the student. c. Yearly review of District report of school age students with disabilities exiting special education d. Yearly review of State Education Department reports to monitor emerging trends and areas for possible improvement. e. Assessment of the education and/or vocational outcomes of student with disabilities who have graduated. f. Yearly review of standardized testing results and the results of State mandated test of achievement, as available. 12

13 Appendix A. PUFSD Board of Education Policies and Procedures 1 of 2 SUBJECT: CREDENTIAL OPTIONS FOR STUDENTS WITH DISABILITIES The Board of Education is committed to ensuring that students with disabilities are provided appropriate opportunities to earn a high school diploma in accordance with the provisions of Commissioner's Regulations Section However, when necessary, the District may award high school individualized education program (IEP) diplomas to students with disabilities. High School Diplomas Students pursuing either a Regents or a local high school diploma must acquire a certain number of units of credit in specified courses and also meet subject sequence requirements. Students with disabilities shall be provided access to the required courses and testing programs needed for graduation with these awards. Regents Diploma Requirements To earn a high school Regents diploma, all students need to take and pass five (5) specific Regents examinations with a score of 65 or higher and earn twenty-two (22) units of credit. The required Regents Examinations are English, Mathematics, Science, Global History and Geography, and U.S. History and Government. High School Individualized Program (IEP) Diplomas Each individualized education program (IEP) diploma awarded shall be accompanied by a written statement of assurance that the student named as its recipient shall continue to be eligible to attend school until the student has earned a high school diploma or until the end of the school year of such student's twenty-first (21st) birthday, whichever is earlier. The Superintendent shall report to the State Education Department, within fifteen (15) days after the June graduation, the total number and the names of the students awarded IEP diplomas that school year. Students with Disabilities Entering Grade 9 Prior to September 2011 Student with disabilities who first enter grade 9 prior to September 2011 may earn credit toward a Local Diploma by: a) Achieving a score of on any or all Regents Examinations required for graduation (English, Mathematics, Science, Global History and Geography, and/or U.S. History and Government); or b) Passing the corresponding Regents Competency Test (RCT) of a failed required Regents Examination. The District may administer the Regents Competency Test (RCT) before or after the Regents examination, but in all cases the student MUST take the required Regents examination in order to earn the local diploma. 13

14 The Regents Competency Test (RCT) exams shall remain available until the student graduates or reaches the age of twenty-one (21). This provision of law applies only to students with disabilities who are entitled to attend school pursuant to Education Law Section 3202 or 4402(5). Students with Disabilities Entering Grade 9 After September 2011 The option to take the Regents Competency Test (RCT) will not be available for any students entering grade 9 beginning in September 2011 and thereafter. The student's grade level is based on the grade in which the student was enrolled during the school year (September to June) prior to September While the Regents Competency Test (RCT) safety net ends with the class of students that entered grade 9 during the school year, the local diploma option remains available to all students with disabilities provided they earn a score of on one (1) or more required Regents examinations. Information regarding graduation requirements, including the local diploma option and the appeals process, may be found at: Education Law Sections 3202 and 4402(5) 8 New York Code of Rules and Regulations (NYCRR) Sections 100.5(a-f) and NOTE: Refer also to Policy # Graduation Requirements/Early Graduation/Accelerated Programs 14

15 of 4 SUBJECT: CHILDREN WITH DISABILITIES A child with a disability means a student under the age of twenty-one who is entitled to attend public schools and who, because of mental, physical or emotional reasons can only receive appropriate educational opportunities from a program of special education. A child is not considered as having a disability if his or her educational needs are due primarily to unfamiliarity with the English language; environmental, cultural or economic factors; or lack of appropriate instruction in reading or mathematics. The Board of Education recognizes the existence of individual differences in the intellectual, social, emotional and physical development of children attending school in the District. In recognizing these differences the Board supports a system of services offered in the least restrictive environment for children with disabilities in accordance with the following: a) No student shall be required to obtain a prescription for a drug or other substance identified as a controlled substance by the federal Controlled Substances Act as a condition of receiving services. b) Education shall be provided as appropriate in regular classes with or without support services, in a resource room, for part of the day in a special class, full time in a special class, home hospital or in a residential setting. c) Students with disabilities shall be provided education with non-disabled peers to the extent appropriate. d) Highly qualified personnel shall be recruited, hired, trained and retained to provide special education programs and services in accordance with the following measurable steps as appropriate: 1. The District will utilize established procedures for publication of all potential job openings; 2. The District will check credentials and requirements listed on applications; 3. The District will provide preparation sessions for the interview committee; 4. The District will recruit and hire special education teachers with subject matter knowledge appropriate to the level of instruction being provided; when teaching two (2) or more core academic subjects exclusively to children with disabilities, the teacher will meet the requirements of "highly qualified" under the No Child Left Behind Act (NCLB) and the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) or demonstrate competence in all the core academic subjects taught in accordance with Commissioner's regulations. (Continued) 15

16 of 4 SUBJECT: CHILDREN WITH DISABILITIES (Cont'd.) e) The District shall use the following guidelines for the provision of appropriate accommodations necessary to measure the academic achievement and functional performance of the student in the administration of District-wide assessments: 1. Any necessary accommodations for a student shall be specified on the student's individualized education program (IEP); 2. The need for accommodations for a student shall be reviewed during Committee on Special Education (CSE) evaluations/re-evaluations; f) The District shall to the extent feasible, use universal design principles (defined below) in developing and administering District-wide instructional and assessment programs in accordance with the following: 1. Each student's IEP shall be based on appropriate universal design principles; 2. The Special Education Curriculum Coordinator shall keep Committee on Special Education (CSE)/Committee on Preschool Special Education (CPSE) apprised of available products and services utilizing universal design principles; 3. Instructional materials and activities shall allow learning goals to be achievable by individuals with wide differences in abilities; 4. Flexible curricular materials and activities shall be built into the instructional design and operating systems. 5. Instruction shall be diversified to deliver general education curriculum to every student and diversify ways students may respond to that curriculum. 6. Assessment materials shall incorporate appropriate universal design principles. g) The District shall consider the location of a school program(s) in relation to a student's residence, before placing a student into an educational program. h) The District shall adopt procedures designed so that students with disabilities are provided appropriate opportunities to earn a high school diploma in accordance with Commissioner's Regulations. i) The District shall allocate appropriate space within the District for special education programs that meet the needs of students with disabilities. (Continued) 16

17 of 4 SUBJECT: CHILDREN WITH DISABILITIES (Cont'd.) j) The District shall cooperate with BOCES and share relevant information to ensure that BOCES will have appropriate space available to meet the needs of resident students with disabilities who attend special education programs provided by BOCES. Universal Design Principles are a concept or philosophy for designing and delivering products and services that are usable by people with the widest range of functional capabilities, which include products and services that are directly usable without requiring assistive technologies and products and services that are made usable with assistive technologies. Provision of Special Education Services to (Parentally Placed) Nonpublic School Students with Disabilities The school district of location (and not the school district of residence) is responsible for identifying, locating, and evaluating parentally placed nonpublic school students attending nonpublic schools located in the geographic region of the public school district. This includes individual evaluations, Committee on Special Education (CSE) meetings, provision of special education services, and due process. These requirements pertain only to students with disabilities parentally placed in elementary and secondary nonpublic schools, not to parental placements of preschool children with disabilities in private day care or preschool programs; and not to Committee on Special Education (CSE) placements of students with disabilities in approved private schools, Special Act School Districts, State-supported or State-operated schools or to charter schools. Parental consent must be obtained by the school district of location before any personally identifiable information about the student is shared between officials in the public school district of residence and officials in the public school district of location. The school district of location must consult with nonpublic school representatives and representatives of parents of parentally placed nonpublic school students with disabilities enrolled in nonpublic elementary and secondary schools located within the boundaries of the school district. The school district of location must engage in consultation regarding the Child Find process and services generally; consultation is not specific to individual students. Individual services are determined by the Committee on Special Education (CSE). The consultation process must be timely and meaningful and include discussion of: 1) Child Find (identifying, locating and evaluating students with potential disabilities) 2) Provision of special education services 3) Use of Federal funds (Continued) 17

18 of 4 SUBJECT: CHILDREN WITH DISABILITIES (Cont'd.) The school district of location must provide, as appropriate, special education services to an eligible student who legally resides in another state and who is parentally placed in a nonpublic school located in New York State. The services to be provided to out-of state students must be documented in a services plan that is developed by the Committee on Special Education (CSE) of the district of location. The services plan is the written plan that describes the specific special education and related service that the district of location will provide to the student consistent with the services that the school district of location has determined through the consultation process and in relation to the proportionate shares of federal IDEA Part B dollars, to be provided to the student. Individuals with Disabilities Education Improvement Act of 2004, Public Law Sections 612 and 614 Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400 et seq. 20 United States Code (USC) Section 9101(23) 21 United States Code (USC) Section 812(c) 34 Code of Federal Regulations (CFR) Part 300 Education Law Sections 3208, 3242, 3602-c, and New York Code of Rules and Regulations (NYCRR) Sections 100.5, 100.9, 200.2(b)(3), 200.2(c)(2)(v), 200.4(e)(9) and 200.6(a)(1) NOTE: Refer also to Policy # Least Restrictive Environment 18

19 SUBJECT: GROUPING BY SIMILARITY OF NEEDS The Board of Education shall provide appropriate special education and related services to students with disabilities. For those students for whom an appropriate education requires that they be placed together for purposes of special education, the following guidelines shall apply: a) Each student with a disability shall be identified, evaluated and placed as determined by the Committee on Special Education (CSE). b) The CSE shall determine written goals and corresponding short-term instructional objectives for each student with a disability by considering the special and individual needs of each student with a disability. c) The CSE shall recommend to the Board appropriate educational programs and services for each student with a disability based upon the CSE evaluation. d) The CSE shall provide information to those teachers and professionals who arrange instructional groups for students with disabilities. Information shall include physical, psychological and social information as well as achievement test results. e) The curriculum and instruction provided to students with disabilities who are grouped by similarity of needs shall be consistent with the individual needs of each student in the group. f) Students with disabilities may be grouped according to: performance and learning characteristics; 1. Academic achievement, functional 2. Social needs; 3. Physical development; and 4. Management needs. g) When grouping students by similarity of needs, the social needs or physical development of a student shall not be the sole determinant for placement of a student in a special education program. h) The management needs of such students may vary, provided that environmental modifications, adaptations, or human or material resources required to meet the needs of any one student in the group are provided and do not consistently detract from the opportunities of other students in the group to benefit from instruction. 8 New York Code of Rules and Regulations (NYCRR) Sections 200.2(b)(3) and 200.6(a)(3) 19

20 of 3 SUBJECT: THE ROLE OF THE BOARD IN IMPLEMENTING A STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM The Board of Education shall establish at least one Committee on Special Education (CSE) and one Committee on Preschool Special Education (CPSE). The Board shall also establish, as necessary, Subcommittees on Special Education to ensure timely evaluation and placement of students with disabilities. Committee on Special Education The Board shall, upon completion of its review of the recommendations of the Committee on Special Education (CSE), arrange for the appropriate special education programs and services to be provided to a student with a disability. The Board shall notify the parent/guardian of its action in accordance with federal and state law and regulations. For a student not previously identified as having a disability, the Committee on Special Education (CSE) shall provide a recommendation to the Board which shall arrange for the appropriate special education programs and services to be provided within sixty (60) school days of the date of receipt of consent to evaluate. For a student with a disability referred for review, a recommendation shall be provided to the Board which shall arrange for the appropriate special education programs and services to be provided within sixty (60) school days of the referral for review. However, if such recommendation of the CSE is for placement in an approved instate or out-of-state private school, the Board shall arrange for such special education programs and services for students with disabilities within thirty (30) school days of the Board's receipt of the recommendation of the CSE. If on review of the recommendation of the Committee on Special Education (CSE), the Board disagrees with such recommendation, the Board shall follow one of the following procedures: a) The Board may remand the recommendation to the Committee on Special Education (CSE) with a statement of the Board's objections or concerns and a request that a timely meeting be held to review and consider such objections or concerns. The CSE shall consider the Board's objections or concerns, revise the individualized education program (IEP) where appropriate, and resubmit a recommendation to the Board. If the Board continues to disagree with the recommendation of the CSE, the Board may continue to remand the recommendation to the original committee for additional reviews of its objections or concerns, or establish a second CSE to develop a new recommendation in accordance with the following paragraph, provided that the Board arranges for the programs and services in accordance with the student's IEP within the timelines as outlined above; or, in the alternative, b) The Board may establish a second Committee on Special Education (CSE) to develop a new recommendation for the student. If the Board disagrees with such new recommendation, the Board may remand the recommendation to the second CSE with a statement of the Board's objections or concerns and a request that a timely meeting be held to review and consider such objections or (Continued) 20